INTRODUCTION
Welcome to the web site ('Site") for Bogs ("Bogs").
We are extremely appreciative that you have made
the Bogs Site your
site for shoes. Please feel free to use and enjoy
this Site and the services,
including the viewing and purchasing of our shoes
and related products ("Services"), which
we offer.
We would like you to know that by accessing, browsing
and/or using this Site, you acknowledge that you
have read, understood and agreed to be bound by these
Terms and conditions of use ('Terms"), including
the Privacy Policy, and to comply with all applicable
U.S. laws and regulations. You also agree not to
in any way alter
or tamper with the software on or the operations
of this Site or in any way compromise
the security of the Site or Bogs's Services.
In addition, you hereby represent and certify that
you are at least 18 years of age. If you do not or
cannot
agree to the Terms, please do not use the Site or
any of the Services offered through
the Site. In addition, from time to time, Bogs may need to change or modify these Terms
and, as such, Bogs reserves the
right, in its sole
discretion, to do so as needed. Your continued viewing
of or use of the Site following
the posting of any changes to the Terms will constitute
your agreement to any such changes. We hope that
you will find the Site and our Services useful and
come back to visit us offen!
WEYCO GROUP, INC.'S INTELLECTUAL PROPERTY RIGHTS;
LINKING; FRAMING
Bogs displays/offers content on
the Site for you to examine. An example of some of
the content included: text graphics, photographs,
pictures, drawings, animation, audio, video, literature
and any other material distributed by Bogs and/or in connection with this Site. Moreover,
Bogs attempts to display the content
in a way that will be easily accessible and useful
for you, the customer. Therefore, the selection and
arrangement of this content, as well as the software
published on the Site, are owned by and subject to
copyright and or patent protection of either The
Bogs or by a third party that authorizes
Bogs to make such content available
to you. In addition, all the trademarks, service
marks, trade names, product names, company names,
domain names, patented products, and logos appearing
on this Site are proprietary to Bogs or are the property of their respective owners.
Also, unless approved in writing in advance by The
Bogs, you agree not to: (a) provide
or create a link to the Site; and (b) create any
frames at any other web sites pertaining to or using
any of the content located at this Site. If you do
want to link to the Site, please contact the Bogs
Brand Customer Service Manager at customer.service@florsheim.com to
seek approval.
However, if you like, you may copy the content for
your personal use, but you must retain any copyright,
trademark, patent and/or other proprietary notice
on the copied information. Furthermore, these Terms
do not give you any right to reproduce, distribute,
transmit, publish or commercially exploit any information
provided by Bogs without permission
of the owner of the copied information.
WARRANTY DISCLAIMER
The content, products and services of Bogs are provided "as is" and without warranties
of any kind, either express or implied, including,
but not limited to, the implied warranties of the
merchantability and fitness for a particular purpose.
Bogs does not warrant that any part
of this site will be uninterrupted or error-free,
that defects will be corrected, or that this site
or the server that makes it available are free of
viruses or other harmful components. Bogs does not warrant or make any representations
regarding the use or the use of this site in terms
of its quality, correctness, accuracy, reliability,
or otherwise. You should therefore verify any information
obtained from this site before acting on it. Applicable
law may not allow the exclusion of implied warranties,
so the above exclusion may not apply to you to the
extent not allowed by such law. Bogs explicitly disclaims any responsibility for
the accuracy, content, availability of the information,
products, services or merchandise found on sites
that link to or from third parties. Bogs cannot be held responsible for the materials
contained on third party sites and/or related services
nor does Bogs make any representations
or warranties as to the security of any information
you might be requested to give any third party, and
you hereby irrevocably waive any claim against The
Bogs with respect to such sites and
services.
LIMITATION OF LIABILITY
To the furthest extent permitted by law, under no
circumstances including, without limitation, The
Bogs's negligence, shall Bogs be liable for any damages including, without
limitation, direct, special, indirect, consequential
and/or incidental damages that result from your use
or inability to use this site, any of Bogs.com's
content and/or any related software, even if The
Bogs or an authorized Bogs representative
has been advised of the possibility of such damages.
Applicable law may not allow the limitations or exclusion
of liability for incidental or consequential damages,
so the above limitation or exclusion may not apply
to you to the extent not permitted by such law. Notwithstanding
anything else contained in these terms in no event
shall Bogs's total liability to
you for any damages, losses, claims and causes of
action, whether in contract, tort, negligence or
otherwise (collectively "damages") exceed
the amount paid by you for the Bogs's
products purchased out of which any damages may have
arisen. Further, you shall indemnify, defend and
hold harmless Bogs, its affiliates,
subsidiaries, officers, directors, employees and
agents, from and against any and all damages, claims
and actions brought by you or any third party resulting
from your use of this site in violation of these
terms or the infringement by you of any intellectual
property right of any person or entity.
GOVERNING LAW; VENUE; WAIVER; SEVERABILITY
Bogs is located in Wisconsin and,
therefore, the laws of the State of Wisconsin (excluding
any principles of conflicts of laws) govern your
use of the Site, Services and this agreement. Any
legal action or proceeding relating to your access
to, or use of, this Site or Bogs's
Services shall be instituted only in a State or Federal
Court located in Milwaukee County, Wisconsin U.S.A.
You and Bogs hereby agree to submit
to the jurisdiction of, and agree that venue is proper
in, these courts in any such legal action or proceeding.
Furthermore, no delay or omission by Bogs to exercise any right or any noncompliance on
your part with respect to the Terms shall impair
any such right or be construed to be a waiver by
Bogs If any provision of the Terms
is found by a court of competent jurisdiction to
be invalid or unenforceable in whole or in part.
Such provision shall, as to such jurisdiction, to
be ineffective to the extent of such invalidly or
unenforceability without in any manner affecting
the validity or enforceability thereof in any other
jurisdiction or the remaining provisions hereof in
any jurisdiction, provided, however, if such invalid
or unenforceable provisions may be modified so as
to be valid and enforceable as a matter of law, such
provision will be deemed to have been modified so
as to be valid and enforceable to the maximum extent
permitted by law.